Chapter 10- Pre-trial and Trial Procedures

Grade 12 law

search warrant

court document authorizing law enforcement to enter a place to search and seize evidence

habeas corpus

court order that involves bringing a person to court to determine if they’re being detained legally; intended to prevent unlawful arrest and detention

promise to appear

agreement the accused must sign to guarantee their appearance in court

recognizance

written promise to appear in court on a scheduled date or else pay a sum of money if they fail to show up

undertaking

agreement/promise with specific conditions attached

jury of peers

group of 12 citizens selected to hear the evidence against the accused in a criminal trial

preliminary inquiry

determines if there is sufficient evidence for the case to be heard in a higher court

plea bargaining

involves the crown agreeing to reduce the charge, or recommendations for a reduced sentence for a guilty plea

burden of proof

a party that shows they are correct, while the other party is presumed innocent which requires them to produce evidence to establish the truth

reasonable doubt

honest or moral doubt as to whether the accused is guilty of the crime

acquitted

declared to be not guilty

disclosure

crown provides the defense with all relevant information to make a full answer and defense to a charge

automatism

defense based on a claim that one’s actions were not voluntary

mental disorder

defensed based on a claim that one is not capable of appreciating their actions

mistake of fact

defense based on a claim that one committed the offense because the did not know their action was against the law

colour of right

offender believed they had a pre existing right that allowed them to commit the offense

officially induced error

accused was informed that the act was not an offense by a representative of the state

compulsion

defense based on a claim that one committed the offense in order to avoid harm posed by a way of threat

recidivism

tendency of a criminal to reoffend

restitution

punishment that requires the offender to pay back society back for the harm or loss suffered

retribution

punishment to avenge a crime, ensuring that offenders suffer the consequences of their actions

denunciation

punishment to show condemnation of the offender’s conduct

specific deterrence

punishment to discourage criminals from reoffending

general deterrence

punishment to discourage people in general from offending

stay of proceedings

decision made by the court to stop the trial because it would be considered prejudicial to the accused

challenge for cause

juror can be challenged for bias because they know the accused

peremptory challenge

potential juror can be removed without explanation

deliberate

jury leaves the courtroom to determine a verdict after all the evidence has been presented

victim impact statement

statement outlining the harm done and the effects of the crime on the victim’s life

direct evidence

witness testimony

circumstantial evidence

indirect evidence that links the accused to the crime

voir dire

occurs when either side believes that the evidence should be inadmissible

hearsay evidence

evidence given by a witness on the stand that relates to something another person heard or saw

mistake of law

an individual misunderstands or misinterprets the law; occurs when someone is unaware of a particular law or has an incorrect understanding of its application.